85R2046 JRH-D
By: Shaheen H.B. No. 736
A BILL TO BE ENTITLED
AN ACT
relating to the maintenance of information entered into a fee
record.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 103, Code of Criminal Procedure, is
amended by adding Article 103.0081 to read as follows:
Art. 103.0081. UNCOLLECTIBLE FEES. (a) Any officer
authorized by this chapter to collect a fee or item of cost may
request the trial court in which a criminal action or proceeding was
held to make a finding that a fee or item of cost imposed in the
action or proceeding is uncollectible if the officer believes:
(1) the defendant is deceased;
(2) the defendant is serving a sentence for
imprisonment for life or life without parole; or
(3) the fee has been unpaid for at least 10 years.
(b) On a finding by a court that any condition described by
Subsections (a)(1)-(3) is true, the court may order the officer to
designate the fee or item of cost as uncollectible in the fee
record. The officer shall attach a copy of the court's order to the
fee record.
SECTION 2. Subchapter G, Chapter 51, Government Code, is
amended by adding Section 51.609 to read as follows:
Sec. 51.609. UNCOLLECTIBLE FEES. (a) The clerk may request
the court in which a court cost or fee was imposed on a party in a
civil case to make a finding that the cost or fee is uncollectible
if the cost or fee has been unpaid for at least 20 years.
(b) On a finding by a court that a court cost or fee imposed
on a party in a civil case is uncollectible, the court may order the
clerk to designate the cost or fee as uncollectible in the fee
record. The clerk shall attach a copy of the court's order to the
fee record.
(c) This section does not apply to a court cost or fee
imposed by the supreme court, the court of criminal appeals, or a
court of appeals.
SECTION 3. This Act takes effect September 1, 2017.